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Ethics > Mental health legislation > Flashcards

Mental health legislation Flashcards

1
Q

What are the 2 main acts in mental health law in Scotland?

A 
Mental Health (Care and Treatment)(Scotland) Act 2003
Adults with Incapacity (Scotland) Act 2000
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2
Q

What are the criticisms of involuntary treatment?

A

Seen as ill-liberal
May be poorly compatible with Human Rights
Can be unnecessary
Can be counterproductive
Practical problems in administering treatments
?4 Ethical principles

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3
Q

Why is there mental health law?

A

Power to provide compulsory care and treatment to people with mental disorder
Rights and safeguards to make sure those powers are used appropriately
Duty to provide with range of services for people with mental health disorder

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4
Q

What are the principles of the Mental Health (Care and Treatment)(Scotland) Act 2003

A 
Non-discrimination
Equality
Respect for diversity
Reciprocity
Informal care
Participation
Respect for carers
Least restrictive alternative
Benefit
Child welfare
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5
Q

What is a mental disorder as defined by the Mental Health (Care and Treatment)(Scotland) Act 2003?

A

Any mental illness, personality disorder, learning disability however caused or manifested

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6
Q

What does not count as a mental health disorder in the Mental Health (Care and Treatment)(Scotland) Act 2003?

A 
Sexual orientation
Sexual deviancy
Transsexualism
Transvestism
Dependence on drugs/alcohol
Behaviour that is likely to cause harassment, alarm or distress to any other person
Acting as no prudent person would
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7
Q

What does the Mental Health (Care and Treatment)(Scotland) Act 2003 give civil compulsory powers to do?

A

Detain
Assess
Treat

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8
Q

Who determines the Mental Health (Care and Treatment)(Scotland) Act 2003?

A

An approved medical practitioner
Mental Health Officer (MHO)
Court

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9
Q

Who can be detained?

A

> 18yrs

<18 if have child/adolescent specialist

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10
Q

What are the civil compulsory powers?

A

Emergency detention certificate (EDC)
Short-term detention certificate (STDC)
Compulsory treatment order (CTO)
Nurses holding power

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11
Q

How long can someone be detained under the EDC?

A

Up to 72hrs

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12
Q

How long can someone be detained under the STDC?

A

Up to 28 days

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13
Q

How long can someone be detained under the CTO?

A

Up to 6mo

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14
Q

What are the details of an emergency detention certificate (EDC)?

A 
Up to 72hrs
Authorises transfer to psychiatric hospital
Fully registered practitioner
MHO consent 'where practicable'
No right of appeal
Granting of STDC would be undesirable delay
Significant risk to self or others
Assessment &amp; ER treatment only
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15
Q

What are the details of a short-term detention certificate (STDC)?

A 
28 days
Must be approved by an approved medical practitioner AND an MHO
Named person consulted
Assessment &amp; treatment
Right of appeal
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16
Q

What is the criteria for a STDC?

A

Person has mental disorder
Patient’s ability to make decisions about medical treatment sign. impaired as result of mental disorder
Necessary to detain patient in hospital for purpose of deterring treatment given
Significant risk to health, safety or welfare of patient or other people if patient not detained
Granting of certificate is necessary

17
Q

What is the MHTS?

A

Mental Health Tribunal Scotland

18
Q

What are the details for a compulsory treatment order (CTO)?

A 
Up to 6mo
Application by MHO to MHTS
Two medical reports: GP/AMP
Proposed care plan
Criteria as for STDC
Community or hospital
19
Q

What are criteria for detention?

A

Mental disorder
Significant impairment of decision making ability for medical treatment about mental disorder
Significant risk to health, safety or welfare of person or to other people
Treatment available
Order necessary

20
Q

What is SIDMA?

A

‘Significant impairment of decision making ability’ about medical treatment for mental disorder

21
Q

When might someone have SIGMA?

A 
Lack of insight
Cognitive impairment
Presence of psychosis
Severe depressive symptoms 
Learning disability
22
Q

What do the MHTS consider?

A 
Civil applications and review civil/criminal orders
CTO applications
Appeals
2 yr mandatory review
Cross border transfers
Excessive security
23
Q

What are the police powers under the Mental Health (Care and Treatment)(Scotland) Act 2003?

A

Removal from public place
Appears to be in immediate need of care/treatment
Detain up to 24hrs
Purpose to allow assessment

24
Q

What is the Adults Without Capacity (Scotland) Act 2000?

A

Aged 16+
Incapable of:
acting, making decisions, communicating decisions, understanding decisions, retaining the memory of decisions
By reason of mental disorder or inability to communicate because of physical disability

25
Q

What are the principles when applying the Adults Without Capacity (Scotland) Act 2000?

A

Intervention must benefit the adult
Intervention shall be least restrictive & consistent with purpose of intervention
Account must be taken of past/present wishes of adult
Account should be taken of views of relatives/carers, views of relevant others

26
Q

When is capacity presumed to be present?

A

Unless proven otherwise

27
Q

What four things in an assessment focus on of the criteria for capacity?

A

Communication
Understanding
Retention of info
Decision

28
Q

What areas does the Adults Without Capacity (Scotland) Act 2000 influence?

A

Property
Welfare (medical)
Financial

29
Q

What are the orders that the Adults Without Capacity (Scotland) Act 2000 give?

A

Intervention order

Guardianship order

30
Q

What is the Intervention order?

A

One off power required

Application to court

31
Q

What is the guardianship order?

A 
2 doctors
MHO application
Needs to specify powers
Can be financial/welfare/both
Registered with office of the public guardian
32
Q

What can you not do under the Adults Without Capacity (Scotland) Act 2000?

A

Place an adult in hospital for treatment of mental order against his will

33
Q

Which one is statutory: advanced directive or advance statement?

A

Advance statement (MH(C&T)(S)A)

34
Q

What does the Adult Support and Protection (Scotland) Act 2007 protect?

A

Adults at risk:
- unable to safeguard their own well-being, property, rights or other interests
- at risk of harm
and
- because they are affected by disability, mental disorder, illness of physical or mental infirmity and are more vulnerable to harm

35
Q

What does harm include in the Adult Support and Protection (Scotland) Act 2007/?

A

Physical harm
Psychological harm
Conduct which causes self-harm
Unlawful conduct e.g. theft, fraud, embezzlement, extortion

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